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Texas Curfew Laws

 

Statewide Curfew Laws
 
City Curfew Laws

No statewide Texas curfew law was found which specifies a curfew for juveniles.

 

Please be advised that your county, township or city may have an ordinance (local law) specifying a curfew for juveniles. You are advised to contact your city, township, local juvenile department or local police department to see if there are curfew laws in your particular region in your state.

 
 

Austin

Dallas

El Paso

Fort Worth

Houston

San Antonio

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

Austin, Texas Curfew Law

In this chapter:

(1) DIRECT ROUTE means the shortest path a person may travel through a public place to reach the person’s destination without a detour or additional stop at any other destination along the way.

(2) EMERGENCY means an unforeseen circumstance including a fire, natural disaster, automobile accident, or the need to obtain immediate medical care for another person.

(3) ESTABLISHMENT means a privately owned place of business operated for a profit to which the public is invited, including a place of amusement or entertainment.

(4) JUVENILE means a person under 17 years of age.

(5) OPERATOR means an individual, firm, association, partnership, or corporation operating, managing, or conducting an establishment, including a member or partner of an association or partnership and an officer of a corporation.

(6) PARENT means a person who is the natural or adoptive parent of a juvenile, including a court-appointed guardian or other person 21 years of age or older, authorized by a parent, court order, or court-appointed guardian to have the care and custody of a juvenile.

(7) PUBLIC PLACE means a public street, alley, highway, sidewalk, playground, park, plaza, building, or place used or open to a member of the public; or a building, business, or amusement or entertainment establishment.

(8) RELIGIOUS ACTIVITY means a function or event sponsored by a religious organization that has received tax exemption under Section 501(C)(3) of U.S.C.

Source: 1992 Code Section 10-7-1; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-090; Ord. 20110526-095.

§ 9-3-2 OFFENSES.

(A) A juvenile commits an offense if the juvenile is in a public place or on the premises of an establishment between 11:00 p.m. and 6:00 a.m. on any day.

(B) While school is in session, a juvenile commits an offense if the juvenile remains, walks, runs, idles, wanders, strolls, or aimlessly drives or rides about in or on a public place between 9:00 a.m. and 2:30 p.m. on Monday, Tuesday, Wednesday, Thursday or Friday.

(C) A parent having custody of a juvenile commits a violation if the person knowingly allows the juvenile to be in violation of this chapter. A parent is presumed to knowingly allow or permit the juvenile to be in violation of this chapter if the juvenile has two previous convictions for violations of this chapter. For the purpose of this section a deferred adjudication is a conviction.

(D) The owner, operator, or employee of an establishment commits an offense if the person knowingly allows a juvenile to remain on the premises of the establishment during curfew hours.

Source: 1992 Code Section 10-7-2; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-090; Ord. 20110526-095.

§ 9-3-3 DEFENSES.

(A) It is a defense to prosecution under Section 9-3-2 (Offenses) that:

(1) the juvenile is accompanied by the juvenile’s parent or spouse;

(2) the juvenile is on an errand authorized by the juvenile’s parent or spouse or made necessary by an emergency;

(3) except as provided in Subsection (C), the juvenile is traveling by a direct route to the juvenile’s home;

(4) the juvenile is in a vehicle involved in transportation for which passage through the city is the most direct route;

(5) the presence of the juvenile is connected with or required by a religious activity, educational activity, or a business, trade, profession, or occupation in which the juvenile is lawfully engaged;

(6) except as provided in Subsection (C), the juvenile is on the sidewalk in front of the juvenile’s residence or on the sidewalk of either adjacent neighbor who is not communicating an objection to the presence of the juvenile to a police officer; or

(7) the juvenile is exercising First Amendment rights protected by the United States Constitution, including the free exercise of religion, freedom of speech, and the right of assembly.

(B) It is a defense to a violation of Subsection 9-3-2(B) (Offenses) that:

(1) the school that the juvenile attends is not in session;

(2) the juvenile is a high school graduate or has an equivalent certification; or

(3) the juvenile is on an excused absence from the juvenile’s school.

(C) Subsections (A)(3) and (A)(6) are not defenses to a violation of Subsection 9-3-2(B) (Offenses).

(D) It is a defense to prosecution under Subsection 9-3-2(D) (Offenses) that the owner, operator, or employee of an establishment promptly notified the Police Department that a juvenile was present on the premises of the establishment during curfew hours and refused to leave after being requested to do so by the owner, operator, or employee.

Source: 1992 Code Section 10-7-3; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-090; Ord. 20110526-095.

§ 9-3-4 ENFORCEMENT PROCEDURE.

The Police Department shall adopt enforcement procedures in compliance with Chapter 52 (Proceedings Before and Including Referral to Juvenile Court) of the Texas Family Code.

Source: 1992 Code Section 10-7-4; Ord. 031023-13; Ord. 031211-11; Ord. 20080618-090.

§ 9-3-5 PENALTY.

(A) A juvenile who violates this chapter commits a Class C misdemeanor.

(B) A person not a juvenile who violates this chapter commits a Class C misdemeanor, punishable by a fine of not less than $50.

 

 

 

 

 

SEC. 31-33. DALLAS CURFEW HOURS FOR MINORS. [Link]

(a) Definitions. In this section:

(1) CURFEW HOURS means:

(A) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day;

(B) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday; and

(C) 9:00 a.m. until 2:30 p.m. on any Monday, Tuesday, Wednesday, Thursday, or Friday.

(2) EMERGENCY means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(3) ESTABLISHMENT means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

(4) GUARDIAN means:

(A) a person who, under court order, is the guardian of the person of a minor; or

(B) a public or private agency with whom a minor has been placed by a court.

(5) IN SESSION means the status of a school during the fall or spring term when students are required to attend the school. A school is not in session during its summer break or during any holiday or other scheduled general student vacation day or part of a day observed by the school.

(6) MINOR means any person under 17 years of age.

(7) OPERATOR means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

(8) PARENT means a person who is:

(A) a natural parent, adoptive parent, or step-parent of another person; or

(B) at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

(9) PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

(10) REMAIN means to:

(A) linger or stay; or

(B) fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

(11) SERIOUS BODILY INJURY means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(b) Offenses.

(1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.

(2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

(3) The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

(c) Defenses.

(1) It is a defense to prosecution under Subsection (b) that the minor was:

(A) accompanied by the minor's parent or guardian;

(B) on an errand at the direction of the minor's parent or guardian, without any detour or stop;

(C) in a motor vehicle involved in interstate travel;

(D) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(E) involved in an emergency;

(F) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence, except that this defense does not apply to a violation of the curfew hours described in Subsection (a)(1)(C) of this section;

(G) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Dallas, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Dallas, a civic organization, or another similar entity that takes responsibility for the minor;

(H) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

(I) married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code.

(2) It is a defense to prosecution under Subsection (b)(3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(3) It is a defense to prosecution under Subsection (b) of this section for a violation of the curfew hours described in Subsection (a)(1)(C) that:

(A) the school in which the minor was enrolled or otherwise required to attend was not in session;

(B) the minor was on the premises of the school in which the minor was enrolled or otherwise required to attend;

(C) the minor was participating in a school-approved work study program, or was going to the work study program or returning to home or school from the work-study program without any detour or stop;

(D) the minor was on a lunch break from a school that permits an open campus lunch and was qualified to participate in the open campus lunch program;

(E) the minor was on an excused absence from the school in which the minor was enrolled or otherwise required to attend and had permission from a school official, or, in the case of a home-schooled minor, from the minor's parent or guardian; or

(F) the minor was a high school graduate or had received a high school equivalency certificate.

(d) Enforcement.

(1) Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (c) is present.

(2) A police officer shall not issue a citation to or arrest a parent or guardian of a minor for a violation of Subsection (b)(2) of this section relating to the curfew hours described in Subsection (a)(1)(C), unless the parent or guardian has, within the same calendar year, received at least two prior written warnings from a police officer for a violation of Subsection (b)(2) relating to the curfew hours described in Subsection (a)(1)(C). In calculating the number of warnings received by a parent or guardian in a calendar year, all warnings issued to the parent or guardian will be counted, regardless of whether the warnings relate to the same minor.

(3) A police officer shall not issue a citation to or arrest an owner, operator, or employee of an establishment for a violation of Subsection (b)(3) of this section relating to the curfew hours described in Subsection (a)(1)(C), unless the establishment has, within the same calendar year, received at least two prior written warnings from a police officer for a violation of Subsection (b)(3) relating to the curfew hours described in Subsection (a)(1)(C). In calculating the number of warnings received by an establishment in a calendar year, all warnings issued to any owner, operator, or employee of the establishment will be counted, regardless of whether the warnings relate to the same minor.

(e) Penalties.

(1) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.

(2) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates Subsection (b)(1) of this section and shall refer the minor to juvenile court.

(f) Expiration. This section expires on May 1, 2012, unless sooner terminated or extended by city council ordinance. (Ord. Nos. 20966; 21309; 23079; 24235; 25231; 26336; 27527; 27538)

 

 

 

 

 

 

Fort Worth Teen Curfew [Link]

The purpose of the curfew ordinance is to prevent juveniles from committing or becoming victims of crime.

What is the History of the ordinance?

Research into a juvenile curfew began in 1991. The initial ordinance was delayed until a lawsuit challenging the constitutionality of the ordinance involving the City of Dallas was resolved. After the Supreme Court upheld the Dallas Ordinance, The Fort Worth Teen Curfew Ordinance was passed by City Council and became effective on July 5, 1994. The ordinance must be reviewed and approved every three years by City Council.

What are the Hours of coverage?

The curfew is in effect after 11 p.m. Sunday through Thursday. Just after midnight, at 12:01 a.m., Saturday and Sunday. The curfew ends at 6 a.m. seven days a week.

When is the Teen Curfew Violated?

When a minor remains in any public place or on the premises of any establishment within the city during curfew hours. When a parent or guardian of a minor knowingly permits the minor to violate the curfew ordinance. When the owner, operator, or any employee of an establishment knowingly allows a minor to remain at the establishment during curfew hours

What are the defenses to a violation of the Teen Curfew Ordinance?

That the Teen was: Accompanied by the minor's parent or guardian On an errand at the direction of the minor's parent or guardian Engaged or going to or returning from an employment activity Involved in an emergency On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department Attending an official school, religious, or other recreational activity supervised by adults Exercising First Amendment rights Married or certified as an adult To view the most recently approved Teen Curfew Ordinance click the following link: The City of Fort Worth Curfew for Minors (pdf)

What is the age when a person is considered a juvenile or an adult?

Texas Penal Code defines a juvenile as between 10 and 16 Family Code requires parental responsibility for their child until the child is 17 Texas Education Code Compulsory School Attendance affects persons between 6 and 18 City of Fort Worth Ordinances: The Teen Curfew ordinance states -“Minor means any person under 17 years of age The Bicycle Helmet Ordinance states – “Child is any person under 18 years of age”

 

 

 

 

 

Houston, Texas - Code of Ordinances [Link]

Sec. 28-171. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:

Adult means an individual who has attained the age of 18.

Curfew hours means the period between the hours of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday and 6:00 a.m. of the following day, between the hours of 12:00 a.m. (midnight) and 6:00 a.m. on any Saturday or Sunday, or between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday or Friday.

Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term shall include but not be limited to a fire, natural disaster, vehicular accident, or a serious medical condition of sudden onset.

Guardian means the person who, under a court order, is the guardian of the person of a minor or the public or private agency with whom a minor has been placed by a court.

Minor means any person under 17 years of age.

Parent means the natural mother or father or adoptive mother or father of a minor.

Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartments, office buildings, transport facilities, restaurants, theaters, game rooms, shops and shopping centers.

Sec. 28-172. - Offenses.

(a)

It shall be unlawful for any minor to knowingly remain, walk, run, stand, drive or ride about, in or upon any public place in the city during curfew hours.

(b)

It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in section 28-172(a) of this Code.

(c)

Violations of this section shall be punishable as provided in section 1-6 of this Code.

(Ord. No. 91-1543, § 2, 10-30-91; Ord. No. 07-563, § 4, 5-9-07; Ord. No. 2010-286, § 2, 4-21-2010)

Sec. 28-173. - Defenses.

It is a defense to prosecution under section 28-172 of this Code that:

(1)

The minor was accompanied by his or her parent or guardian;

(2)

The minor was accompanied by an adult designated by his or her parent or guardian;

(3)

The minor was on an errand made necessary by an emergency;

(4)

The minor was attending a school, religious, or government-sponsored activity or was traveling to or from a school, religious, or government-sponsored activity;

(5)

The minor was engaged in a lawful employment activity or was going directly to or coming directly from lawful employment;

(6)

The minor was on the sidewalk directly in front of the place where he or she resides;

(7)

The minor was on an errand directed by his or her parent or guardian;

(8)

The minor was in a motor vehicle involved in intrastate or interstate transportation;

(9)

The minor was engaged in, participating in, or traveling to or from any event, function or activity for which the application of section 28-172 of this Code would contravene his or her rights protected by the Texas or United States Constitution;

(10)

The minor was married or had been married or had disabilities of minority removed in accordance with chapter 31 of the Texas Family Code;

(11)

With respect to the hours between 9:00 a.m. and 2:30 p.m., the offense occurred during the school summer vacation break period of the school in which the minor is enrolled or on a holiday observed by the closure of classes in the school in which the minor is enrolled or that the minor has graduated from high school or received a high school equivalency certificate;

(12)

With respect to the hours between 11:00 p.m. and 12:00 a.m. (midnight), the day following the offense is a holiday observed by the closure of classes in the school in which the minor is enrolled; or

(13)

The minor was attending or was traveling to or from a recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor.

Sec. 28-175. - Enforcement.

Notwithstanding the penal effect of this article the chief of police is encouraged to develop alternative enforcement strategies, which may include but need not be limited to the return of minors to their residences or schools, counseling with minors and their parents or guardians, the issuance of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in a uniform manner.

 

 

 

 

 

 

 

CODE OF ORDINANCES City of SAN ANTONIO, TEXAS
Codified through Ordinance No. 88874, adopted November 19, 1998. [Link]

YOUTH CURFEW*

Sec. 21-121. Definitions. [As used in this article the following words and terms shall have the meanings respectively ascribed:] (a) Minor shall mean any person under seventeen (17) years of age and over nine (9) years of age. (b) Parent shall mean a person who is the natural or adoptive parent of a person. As used herein, "parent" shall also include a court appointed guardian or other person eighteen (18) years of age or older, authorized by the parent, by a court order, or by the court appointed guardian to have the care and custody of a person. (c) Guardian shall mean any person to whom custody of a minor has been given by a court order. (d) Emergency shall include but not be limited to fire, natural disaster, an automobile accident, or obtaining immediate medical care for another person. (e) Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office building, transport facilities, and shops. (Ord. No. 74025, § 1, 7-25-91; Ord. No. 76419, § 1, 9-3-92)

Sec. 21-122. Offenses. (a) It shall be unlawful for a child to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the City of San Antonio between the hours of 10:30 p.m. and 6:00 a.m. on a Sunday, Monday, Tuesday, Wednesday, or Thursday and between the hours of 12:00 a.m.(midnight) and 6:00 a.m. on Friday or Saturday. (b) It shall be unlawful for a child to purposefully remain, walk, run, stand, drive or ride about in or upon any public place in the City of San Antonio between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday or Friday. (c) It shall be unlawful for the parent having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in sections 21-122(a) and 21-122(b). (Ord. No. 74025, § 2, 7-25-91; Ord. No. 79327, § 1, 12-16-93; Ord. No. 86567, § 1, 9-4-97)

Sec. 21-123. Defenses. It is a defense to prosecution under section 21-122 of this article that: (a) The minor was accompanied by his or her parent; (b) The minor was accompanied by another adult approved by the parents; (c) The minor was on emergency errand; (d) The minor was attending a school, government sponsored, or religious activity or is going to or coming from a school, religious, or government sponsored activity without detour or stop. (e) The minor was engaged in a lawful employment or volunteer work at a recognized charity institution or is going to or coming from such activity without detour or stop. (f) The minor was on the sidewalk of the place where such minor resides or on the sidewalk of a place where the minor has permission from his/her parent or guardian to be or on the sidewalk of a next-door neighbor not communicating an objection to the police officer; (g) The minor was upon an errand directed by his or her parent; (h) The minor was in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the curfew area is the most direct route; (i) The minor was exercising his or her First Amendment Rights protected by the United States or Texas Constitution, including but not limited to the free exercise of religion, freedom of speech, and freedom of assembly; (j) The minor was married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (k) With respect to section 21-122(b) of this article, that the offense occurred during the scheduled vacation of or on a holiday observed by the school in which the minor is enrolled; or that the minor has graduated from high school or received a high school equivalency certificate; or that the minor has permission to be absent from school or be in a public place from an authorized school official. In the case of a child being educated in a home school, a parent shall be deemed a school official. (Ord. No. 74025, § 3, 7-25-91; Ord. No. 76419, §§ 2--4, 9-3-92; Ord. No. 79327, § 2, 12-16-93)

Sec. 21-124. Enforcement procedure. (a) Any peace officer, upon finding a minor in violation of section 21-122 of the San Antonio City Code, shall determine the name and address of the minor, and the name and address of his or her parent(s) or guardian(s). A warning notice shall be forwarded to the youth services division of the community initiatives department, which shall send a letter to the parent(s) or guardian(s) of the minor advising of the fact that the minor was found in violation of this Ordinance No. 86567, and soliciting cooperation in the future. (b) Provided, that if a police officer shall find a minor in violation of section 21-122 of the San Antonio City Code, who has once previously been so found, and warned as in (a) above, the peace officer may transfer the case to proper authorities for handling under the provisions of Title 3 of the Family Code. In addition, a complaint will be filed against the parents in Municipal Court for violation of City Code section 21-122(c). The police department shall file all necessary legal papers, supply all necessary documentation, and provide necessary testimony as required for pursuing violation of this article by either the minor or by any parent or guardian. If a peace officer does not file such a compliant against a minor who has once previously been found in violation of section 21-122 of the San Antonio City Code, and warned as in (a) above, the officer shall again record the name and address of the minor and the name and address of his or her parent(s) or guardian(s), the peace officer may issue a warning notice and direct the minor to go home by the most direct route. A copy of the second warning shall be forwarded to the youth services division of the community initiatives department, which shall schedule a person to person conference with the parent(s) or guardian(s) of the minor and the minor concerning this curfew ordinance and the city's expectation and requirement for parental control. (c) Any peace officer, upon finding a minor in violation of section 21-122 of the San Antonio City code, who has previously been found in violation of an issued warning as provided for in (a) above, shall transfer the case to proper authorities for handling under the provisions of Title 3 of the Family Code. In addition, a complaint will be filed against the parents in Municipal Court for violation of section 21-122(b) hereof. The police department shall file all necessary legal papers, supply all necessary documentation, and provide necessary testimony as required for pursuing violation of this article by either the minor or by any parent or guardian. (Ord. No. 74025, § 4, 7-25-91; Ord. No. 86567, § 2, 9-4-97)

Sec. 21-125. Penalties. (a) Any minor violating the provisions of this article shall be guilty of a Class C misdemeanor as defined in the Texas Penal Code and shall be dealt with in accordance with the provisions of Title 3 of the Texas Family Code. (b) A parent of a minor violating this article shall be guilty of a misdemeanor, which shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). (c) In assessing punishment for either a parent or a child, the municipal court judges are encouraged to consider the community service program. (Ord. No. 74025, § 5, 7-25-91)

 

 

 

 

 

El Paso Curfew Laws [Link]

10.20.010 - Curfew—Definitions.

In this chapter:

"Chief of police" means the chief of police of the city or a designated representative.

"Curfew hours" means the period beginning at eleven p.m. and ending at six a.m. of the following day. The time shall be determined by the prevailing standard of time, whether Mountain Standard Time or Mountain Daylight Savings time, generally observed at that hour by the public in El Paso. The time then observed in the El Paso police department's communications divisions shall be prima facie evidence of the true and correct time.

"Direct route" means the shortest path of travel through a public place to reach a final destination without any detour or stop along the way.

"Emergency" means, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

"Establishment" means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

"Minor" means a person who is under the age of seventeen years of age.

"Parent" means a person who is:

1.A natural or adoptive parent or step-parent of the minor;

2.A court-appointed guardian of the minor or the public or private agency with whom the minor has been placed by a court; or

3.A custodian, at least eighteen years of age, and with whom the minor resides.

"Public place" means any street, alley, highway, sidewalk, driveway, yard, playground, park, plaza, building or other place used by or open to the public. The term "street" includes the legal right-of-way, including but not limited to the traffic lanes, curb, sidewalk, whether paved or unpaved, parkway and any grass plots or other grounds found within the legal right-of-way of a street.

"Remain" means to:

1.Linger, stop, or stay for any length of time, or to travel or move upon a street; or

2.Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

"Special curfew area" means the areas contained within the following boundaries:

Special Curfew Area "A"

1. Beginning at the intersection of Father Rahm Avenue and Santa Fe Street;

2. Proceeding south on Santa Fe Street to Loop 375 (Border Highway);

3. Proceeding east on Loop 375 (Border Highway) to Oregon Street;

4. Proceeding north on Oregon Street to Father Rahm Avenue; and

5. West on Father Rahm Avenue to the point of beginning.

Special curfew Area "B"

1. Beginning at the intersection of Mesa Street and Seventh Avenue;

2. Proceeding south on Mesa Street to Eighth Street;

3. Proceeding east on Eighth Street to Kansas Street;

4. Proceeding north on Kansas Street to Seventh Avenue; and

5. West on Seventh Avenue to the point of the beginning.

The areas are more fully described by a map filed with the city clerk.

"Special curfew hours" means the period beginning at seven p.m. and ending at six a.m. of the following day. The time shall be determined by the prevailing standard of time, whether Mountain Standard Time or Mountain Daylight Savings time, generally observed at that hour by the public in El Paso. The time then observed in the El Paso police department's communications divisions shall be prima facie evidence of the true and correct time.

(Ord. 16309 § 1, 2006: Ord. 12738 § 1, 1996: Ord. 10730 § 1, 1991: prior code § 15-15)

10.20.020 - Curfew—Offenses.

A. A minor commits an offense if he remains in any public place or on the premises of any establishment within the city limits during curfew hours.

B.A minor commits an offense if he remains in any public place in a special curfew area or on the premises of any establishment within a special curfew area during special curfew hours.

C.A parent of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place within the city limits during curfew hours.

D.A parent of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place within a special curfew area during special curfew hours.

E.A parent of a minor commits an offense if he knowingly fails to respond within two hours of receipt of any notification by a law enforcement officer to take custody of a minor taken into custody for violation of this section, unless reasonably hindered from doing so.

(Ord. 16309 § 2, 2006: Ord. 12738 § 2, 1996: Ord. 10730 § 2, 1991: prior code § 15-16)

10.20.030 - Curfew—Affirmative defenses.

A. It is a defense to prosecution under Section 10.20.020 that the minor was:

1. Accompanied by the minor's parent;

2. On an errand at the direction of the minor's parent, was using a direct route, and was carrying a written communication signed by the parent stating a brief description of the errand and that the named minor has consent to perform such errand;

3.In a motor vehicle engaged in interstate travel, beginning, ending or passing through El Paso;

4. Engaged in an employment activity, including but not limited to newspaper delivery, and was using a direct route;

5. Involved in an emergency;

6. On the driveway or yard of the minor's residence or on the sidewalk abutting the minor's residence;

7. On the sidewalk abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about the minor's presence;

8. Attending an official school, civic or religious activity or returning home by a direct route from an official school, civic or religious activity;

9. Attending or traveling directly to or from an activity involving the exercise of First Amendment rights protected by the United States Constitution, including the free exercise of religion, freedom of speech, and the right of assembly;

10. Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code; or

11. Accompanied by a person at least twenty-one years of age, and the minor was carrying a written communication signed by the parent stating the name of the person who is at least twenty-one years of age and accompanying the minor and that the named minor has consent to be in the company of that named person.

B. Each of the foregoing defenses, and their several limitations, are severable, as hereinafter provided but reemphasized here.

(Ord. 12738 § 3, 1996: Ord. 10730 § 3, 1991: prior code § 15-17)

10.20.040 - Curfew—Enforcement.

A. A police officer, upon finding a minor in violation of Section 10.20.020 shall take the necessary steps to determine whether the minor is remaining in a public place in the city limits in violation of Section 10.20.020 and whether any defenses under Section 10.20.030 may apply to the actions or activities of the minor. If the officer has probable cause to believe that the minor is in violation of Section 10.20.020, the officer may take appropriate enforcement action against the minor in accordance with the applicable provisions of the Juvenile Justice Code, the Texas Penal Code, and this chapter.

B. If a minor is taken into custody under this section, the officer shall, without unnecessary delay:

1.Release the minor to the minor's parent, guardian or custodian;

2. Take the minor before a municipal court to answer the charge; or

3. Take the minor to a place designated by the chief of police as a juvenile curfew processing office.

C. When a minor is issued a citation or taken into custody for a violation of Section 10.20.020, the police department may, by certified mail return receipt requested, notify a parent of the minor that the minor has violated Section 10.20.020 and include a warning that any subsequent violation may result in prosecution of the minor and the parent under this section.

(Ord. 12738 § 4, 1996: Ord. 10730 § 4, 1991: prior code § 15-18)

10.20.050 - Curfew—Violation—Penalty.

A. Any minor who violates Section 10.20.020 of this code shall be guilty of a misdemeanor and shall be punished by a fine as provided in Sections 1.08.010 through 1.08.030 and may be subject to appropriate action by a juvenile court in accordance with applicable provisions of the Juvenile Justice Code, the Texas Penal Code, and this chapter.

B. A parent of a minor who violates any provision of Section 10.20.020 shall be guilty of a misdemeanor and shall be punished by a fine as provided in Sections 1.08.010 through 1.08.030 of this code.

(Ord. 12738 § 5, 1996: Ord. 10730 § 5, 1991: prior code § 15-19)

10.20.052 - Curfew—Construction.

A. Severability is intended throughout and within the provisions of the curfew ordinance. If any provision, including inter alia any exception, defense, subsection, part, phrase, term or word, or the application thereof to any person or circumstance is held invalid or unconstitutional by valid judgment or decree of a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance codified in this chapter, and such remaining portions shall remain in full force and effect.

B. It is intended that the curfew ordinance be held inapplicable in any cases, if any, where its application would be unconstitutional. A constitutional construction is intended and shall be given. The city council does not intend to violate the Constitution of the state or the Constitution of the United States of America, and does not intend an interpretation of the ordinance or an application thereof which is absurd, impossible or unreasonable.

(Ord. 12738 § 6, 1996: Ord. 10730 § 6, 1991)

10.20.054 - Curfew—Review of ordinance.

The city council finds that the review of this chapter done by the city immediately prior to and in conjunction with the passage of the readoption and amendments made herein satisfies the requirements set forth in Section 370.002, Texas Local Govt Code, for certain required reviews of curfew ordinances by home-rule municipalities. The dates for the statutorily required ordinance review every third year thereafter shall be based upon this readoption.

 

 

 

 

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Disclaimer
Please note, the curfew law and information on this page is provided as a courtesy to help explain curfew laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is/may be provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Offender Solutions® shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a curfew violation incident you are encouraged to consider taking a Curfew Class such as the one provided by Offender Solutions®.

 

 

Last Updated: October 31, 2011

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